Case: EEOC v. CATERPILLAR INC

EEOC v. Caterpillar Inc

EEOC v. Caterpillar Inc

EEOC v. Caterpillar Inc

No Court

EEOC vs. Caterpillar

EEOC vs. Caterpillar, Inc.

EEOC v. Caterpillar, Inc.

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of Gordon G. Waldron, Gregory M. Gochanour, John C. Hendrickson as attorney(s) for plaintiff (No summons(es) issued.) (Documents: 1-1 through 1-3) (rmm) (Entered: 08/13/2003)

ATTORNEY APPEARANCE for defendant by Michael A. Warner, Joseph S. Turner and M Andrew McGuire (rmm) (Entered: 08/18/2003)

ATTORNEY APPEARANCE for defendant Caterpillar Inc by Johna Gabrielle Gaffke (rmm) (Entered: 08/19/2003)

RULE 24(A)(1) MOTION by proposed intervenors Stanley McCallum, George A Ervins, Ricky McNeal, Ruby Edwards, James Mack, Edmonnzo Samuels and Robert L Autman for leave to intervene and other relief (Attachments); Notice (rmm) (Entered: 08/20/2003)

minutes - miscellaneous

WAIVER of service of summons as to defendant Caterpillar Inc sent on 8/13/03 (rmm) (Entered: 08/26/2003)

MINUTE ORDER of 8/26/03 by Hon. Suzanne B. Conlon: Intervenors Rule 24(A)(1) motion for leave to intervene as parties plaintiff and for other relief [4-1] is stricken for failure to attach proof of service on defendant. Mailed notice (rmm) (Entered: 08/27/2003)

RULE 24(A)(1) MOTION by Stanley McCallum, George A Ervins, Ricky McNeal, Ruby Edwards, James Mack, Edmonnzo Samuels, Robert L Autman for leave to intervene as parties plaintiff and for other relief (Attachments); Notice (rmm) (Entered: 09/12/2003)

MINUTE ORDER of 9/10/03 by Hon. Suzanne B. Conlon : Intervenors' Rule 24(A)(1) motion for leave to intervene as parties plaintiff and for other relief [7-1] is entered and continued to September 19, 2003 at 9:00 a.m. Notices mailed by judge's staff (rmm) (Entered: 09/12/2003)

OPPOSITION by defendant to Rule 24(A)(1) motion for leave to intervene by Ruby Edwards, James Mack, Edmonzo Samuels, and Robert Autman [7-1] (Attachments) (rmm) (Entered: 09/19/2003)

MINUTE ORDER of 9/19/03 by Hon. Suzanne B. Conlon : Status hearing held. Intervenors' Rule 24(A)(1) motion for leave to intervene as parties plaintiff and for other relief [7-1] is granted as to Stanley McCallum, George Ervins and Rickey McNeal. Proposed intervenors shall reply to defendant's opposition to Rule 24(A)(1) motion for leave to intervene as to Ruby Edwards, James Mack, Edmonzo Samuels and Robert Autman by September 26, 2003 [9-1]. Parties to comply with FRCP 26(a)(1) by October 20, 2003. Discovery cut-off and filing of dispositive motions with supporting memoranda set on February 20, 2004. Joint final pretrial order with agreed pattern jury instructions submission set on March 11, 2004 at 9:00 a.m.; plaintiff's draft to be submitted to defendant by March 4, 2004. Case is placed on the March 2004 trial calendar. Firm dates. Parties to contact the clerk if a settlement conference is deemed appropriate. Notices mailed by judge's staff (rmm) (Entered: 09/22/2003)

REPLY by proposed intervenors' to defendant's opposition to Rule 24(A)(1) motion for leave to intervene (Attachments); Notice. (ntf) (Entered: 09/29/2003)

ATTORNEY APPEARANCE for intervenor plaintiffs by Robert M. Hodge, Sheribel F. Rothenberg (ntf) (Entered: 09/29/2003)

MINUTE ORDER of 10/3/03 by Hon. Suzanne B. Conlon: The motion for leave to intervene by Ruby Edwards, James Mack, Edmonzo Samuels and Robert Autman is denied [7-1]. Movants fail to establish they are aggrieved persons within the context of the EEOC's complaint. Fed.R.Civ.P.24(a)(1). Notices mailed by judge's staff (rmm) (Entered: 10/06/2003)

ANSWER and affirmative defenses by defendant to complaint [1-1] (rmm) (Entered: 10/15/2003)

MOTION by intervenors Stanley McCallum, George A Ervins, Ricky McNeal for leave to file intervenors' complaint ; Notice of motion (eav) (Entered: 10/20/2003)

MINUTE ORDER of 10/17/03 by Hon. Suzanne B. Conlon : Intervenors' motion for leave to file intervenors' complaint [15-1] is taken under advisement. Any objections shall be filed by 10/30/03. The motion will not be heard on 10/21/03 as noticed. Mailed notice by judge's staff (eav) (Entered: 10/20/2003)

MINUTE ORDER of 11/12/03 by Hon. Suzanne B. Conlon : The unopposed motion for leave to file intervenors' complaint by Stanley McCallum, George A. Ervins and Rickey L. McNeal [15-1] is granted. Defendant shall answer or otherwise plead by 11/19/03. Notices mailed by judge's staff (rmm) (Entered: 11/13/2003)

ANSWER and affirmative defenses by defendant Caterpillar Inc to plaintiff-intervenors' complaint (rmm) (Entered: 11/20/2003)

LETTER from defendant's attorney M. Andrew McGuire to Clerk's Office dated 1/9/04 (rmm) (Entered: 01/14/2004)

ATTORNEY APPEARANCE for defendant Caterpillar Inc by Jason M Torres (rmm) (Entered: 01/28/2004)

MOTION by plaintiff for partial summary judgment, in limine Memorandum of law in support; Notice (rmm) (Entered: 02/24/2004)

STATEMENT of undisputed facts in support of motion for partial summary judgment by plaintiff (rmm) (Entered: 02/24/2004)

EXHIBITS by plaintiff to motion for partial summary judgment [21-1] (1 volume) (rmm) (Entered: 02/24/2004)

MOTION by defendant for entry of agreed protective order ; Notice. (jmm) (Entered: 03/01/2004)

MOTION by defendant for summary judgment ; Memorandum of law in support; Notice. (jmm) (Entered: 03/01/2004)

RULE 56.1 Statement of material facts as to which there is no genuine issue by defendant. (jmm) (Entered: 03/01/2004)

APPENDIX filed by defendant of materials in support of its motion for summary judgment [25-1]. (jmm) (Entered: 03/01/2004)

MINUTE ORDER of 2/25/04 by Hon. Suzanne B. Conlon: Plaintiff's motion for partial summary judgment [21-1] and motion in limine [21-2] and defendant's motion for summary judgment [25-1] are taken under advisement. Responses shall be filed by 03/10/04. Replies, if any, shall be filed by 3/17/04. Pretrial order submission on 03/11/04 is vacated pending disposition of the summary judgment motions. Defendant's motion for entry of agreed protective order is granted [24-1]. (Enter Agreed Protective Order.) Mailed notices by judge's staff. (jmm) (Entered: 03/01/2004)

MOTION by plaintiff to substitute Exhibit 5 to the Exhibits in support of plaintiffs' motion for partial summary judgment, and to substitute paragraphs 6 and 16 of plaintiffs' statement of facts (Attachments); Notice (rmm) (Entered: 03/04/2004)

MINUTE ORDER of 3/4/04 by Hon. Suzanne B. Conlon : Plaintiff's motion to substitute Exhibit 5 to the Exhibits in support of plaintiffs' motion for partial summary judgment [29-1], paragraphs 6 and 16 of plaintiffs' statement of facts [29-2] is granted. Mailed notice (rmm) (Entered: 03/05/2004)

MEMORANDUM OF LAW IN RESPONSE by plaintiffs to defendant's summary judgment motion [25-1]; Notice (rmm) Modified on 03/11/2004 (Entered: 03/11/2004)

LOCAL RULE 56.1 Statement of additional facts requiring denial of defendant's motion for summary judgment by plaintiffs (rmm) Modified on 03/11/2004 (Entered: 03/11/2004)

RESPONSE by plaintiffs to Caterpillar's Statement of undisputed facts [22-1] (Attachments) (rmm) (Entered: 03/11/2004)

LOCAL RULE 56.(B)(3)(B) Statement of uncontested material facts that preclude summary judgment by intervenors (rmm) (Entered: 03/11/2004)

EXHIBITS by plaintiffs submitted in response to defendant's summary judgment motion (rmm) (Entered: 03/11/2004)

RESPONSE by defendant to plaintiffs' statement of undisputed facts [22-1]; Notice (rmm) (Entered: 03/11/2004)

MEMORANDUM OF LAW IN RESPONSE by defendant to plaintiffs' motion for partial summary judgment [21-1] and motion in limine [21-2] (rmm) (Entered: 03/11/2004)

APPENDIX of materials filed by defendant in response to plaintiffs' motion for partial summary judgment (1 volume) (rmm) (Entered: 03/11/2004)

APPENDIX of materials by defendant in response to plaintiffs' motion for partial summary judgment (Attachments) (1 volume) (rmm) (Entered: 03/15/2004)

RESPONSE by defendant to plaintiffs' Local Rule 56.1 Statement of additional facts [32-1] (rmm) (Entered: 03/18/2004)

RESPONSE by defendant to intervenors Local Rule 56.(B)(3)(B) Statement of additional facts (rmm) (Entered: 03/18/2004)

REPLY memorandum by defendant in support of its motion for summary judgment [25-1]; Notice (rmm) (Entered: 03/18/2004)

REPLY Memorandum of law by plaintiffs in support of motion for partial summary judgment [21-1] and motion in limine [21-2] (Attachments); Notice (rmm) (Entered: 03/18/2004)

MINUTE ORDER of 3/25/04 by Hon. Suzanne B. Conlon: Defendant's motion for summary judgment [25-1], plaintiffs' motion for partial summary judgment [21-1], and motion in limine [21-2], are denied. the joint final pretrial order and agreed pattern jury instructions shall be presented by 04/22/04 at 9:00 a.m. Plaintiffs' draft shall be submitted to defendant by 04/13/04. Trial is set for 05/27/04 at 9:00 a.m. (See reverse of minute order.) Notices mailed by judge's staff (cdy) (Entered: 03/26/2004)

MINUTE ORDER of 4/15/04 by Hon. Suzanne B. Conlon : Parties having submitted consents to proceed before a magistrate judge pretrial order submission on 4/22/04 and trial on 5/27/04 are vacated. Mailed notice (rmm) (Entered: 04/16/2004)

CONSENT by EEOC to exercise of jurisdiction by a United States Magistrate Judge. (gcy) (Entered: 04/19/2004)

CONSENT by Stanley McCallum, George A Ervins, Ricky McNeal to exercise of jurisdiction by a United States Magistrate Judge. (gcy) (Entered: 04/19/2004)

CONSENT by Caterpillar Inc to exercise of jurisdiction by a United States Magistrate Judge. (gcy) (Entered: 04/19/2004)

REASSIGNMENT ORDER of 4/16/04 This case is reassigned to the Hon. Nan R. Nolan from the Hon. Suzanne B. Conlon pursuant to Local Rule 73.1 (For further detail see reverse of order). Mailed notice (gcy) (Entered: 04/19/2004)

MINUTE ORDER of 4/20/04 by Hon. Nan R. Nolan : Initial status hearing set for 5/6/04 at 9:00a.m. before Magistrate Judge Nolan in courtroom 1858. Parties shall deliver a copy of an initial status report to chambers, room 1870, at least three business days before the initial status hearing. If the parties have recently prepared and filed an initial status report, the submission of the previously filed initial status report is sufficient. For further details see attached standing order. Mailed notice by judge's staff (lc) (Entered: 04/21/2004)

INITIAL STATUS REPORT of case referred for trial to Magistrate Judge Nolan by by plaintiff, intervenor plaintiffs and defendant (Attachments) (rmm) (Entered: 05/05/2004)

minutes - miscellaneous

MINUTE ORDER of 5/7/04 by Hon. Nan R. Nolan : Status hearing held and continued to 7/27/2004 at 9:00 a.m. Defendant to provide plaintiffs with a pre-trial order draft by 6/23/2004. Joint pretrial order and motions in limine are due by 7/23/2004. Trial set for 10/4/2004. Mailed notice (rmm) (Entered: 05/11/2004)

MOTION by defendant in limine to exclude evidence relating to a noose allegedly found at a plaintiff's home (rmm) (Entered: 07/28/2004)

MOTION by defendant in limine to exclude plaintiffs' opinion testimony and testimony lacking personal knowledge (rmm) (Entered: 07/28/2004)

MOTION by defendant in limine to exclude evidence of alleged supervisor harassment (rmm) (Entered: 07/28/2004)

MOTION by defendant in limine to exclude evidence related to Robert Autman, James Mack, Ronald Worley, and Terry Childress (rmm) (Entered: 07/28/2004)

MOTION by defendant in limine to exclude evidence related to persons' sexual orientation (rmm) (Entered: 07/28/2004)

MOTION by plaintiffs in limine to bar from evidence defendant's proposed Exhibit 8, as well as any testimony about its subject matter (rmm) (Entered: 07/29/2004)

MOTION by plaintiffs in limine that Caterpillar's Annual Financial Statement for 2003 be deemed authenticated ; (rmm) (Entered: 07/29/2004)

MOTION by plaintiffs in limine to limit testimony of Dan Sweeney, Tony Cole and Craig Herrick (rmm) (Entered: 07/29/2004)

MINUTE ORDER of 7/27/04 by Hon. Nan R. Nolan : Status hearing held and continued to 8/30/2004 at 10:00 a.m. Pretrial conference set for 9/15/2004 at 1:30 p.m. Plaintiffs' and defendants' motions in limine are entered. The parties to file a brief to the Motions in Limine by 8/2/2004. EEOC to respond to the Motions in Limine by 8/16/04. Caterpillar Inc to file its response to the Motions in Limine by 8/27/04. All parties to file replies to the Motions in limine [57-1] [56-1] [55-1] [54-1] [53-1] [60-1] [59-1] [58-1] by 8/27/2004. Trial briefs due by 8/10/2004. Parties are directed to deliver two copies of the disputed exhibits to chambers by 8/27/2004. Mailed notice (rmm) (Entered: 07/29/2004)

MEMORANDUM by plaintiffs in support of motion in limine to limit testimony of Dan Sweeney, Tony Cole and Craig Herrick [60-1] (rmm) (Entered: 08/05/2004)

MEMORANDUM by plaintiffs in support of motion in limine that Caterpillar's Annual Financial Statement for 2003 be deemed authenticated [59-1] (rmm) (Entered: 08/05/2004)

MEMORANDUM by plaintiffs in support of motion in limine to bar from evidence defendant's proposed Exhibit 8, as well as any testimony about its subject matter [58-1] (rmm) (Entered: 08/05/2004)

MEMORANDUM by plaintiff in opposition to defendant's motion in limine to exclude evidence related to persons' sexual orientation [57-1] (Attachments); Notice (rmm) (Entered: 08/17/2004)

MEMORANDUM by plaintiff in opposition to defendant's motion in limine to exclude plaintiffs' opinion testimony and testimony lacking personal knowledge [54-1] (Attachments); Notice (rmm) (Entered: 08/17/2004)

MEMORANDUM by plaintiffs in opposition to defendant's motion in limine to exclude evidence relating to a noose allegedly found at a plaintiff's home [53-1]; Notice (rmm) (Entered: 08/17/2004)

TRIAL MEMORANDUM of law by plaintiffs (rmm) (Entered: 08/17/2004)

RESPONSE by plaintiffs to defendant's motion in limine to exclude evidence of alleged supervisor harassment [55-1] (Attachments) (rmm) (Entered: 08/17/2004)

RESPONSE by plaintiffs to defendant's motion in limine to exclude evidence related to African American Employees Robert Autman, James Mack, Ronald Worley, and Terry Childress [56-1] (Attachments) (rmm) (Entered: 08/17/2004)

TRIAL MEMORANDUM of law by intervenor plaintiffs; Notice (rmm) (Entered: 08/17/2004)

MINUTE ORDER of 8/16/04 by Hon. Nan R. Nolan : At the request of the parties, the court grants each side an extension until 8/16/2004 to file their trial briefs. Mailed notice (rmm) (Entered: 08/17/2004)

REPLY by defendant in support of its to motion in limine to exclude opinion testimony and testimony lacking knowledge [54-1]; Notice (rmm) (Entered: 08/30/2004)

REPLY by defendant in support of its motion in limine to exclude evidence related to Robert Autman, James Mack, Ronald Worley, and Terry Childress [56-1]; Notice (rmm) (Entered: 08/30/2004)

REPLY by defendant in support of its motion in limine to exclude evidence relating to a noose allegedly found at a plaintiff's home [53-1] (Attachments); Notice (rmm) (Entered: 08/30/2004)

REPLY by defendant in support of its motion in limine to exclude evidence related to persons' sexual orientation [57-1]; Notice (rmm) (Entered: 08/30/2004)

REPLY by defendant in support of its motion in limine to exclude evidence of alleged supervisor harassment [55-1]; Notice (rmm) (Entered: 08/31/2004)

MINUTE ORDER of 8/30/04 by Hon. Nan R. Nolan : Status hearing held. The parties objections to jury instructions to be filed by 9/10/04. The parties to orally respond to the objections on 9/15/04. Pretrial conference set on 9/15/04 at 1:30 p.m. to stand. Mailed notice (rmm) (Entered: 09/02/2004)

OBJECTIONS by plaintiffs to defendant's jury instructions and verdict form (rmm) (Entered: 09/13/2004)

MEMO by plaintiffs in regard to defendant's proposed motions for directed verdict (Attachments) (rmm) (Entered: 09/13/2004)

ARGUMENTS by plaintiffs in support of plaintiffs' proposed exhibits to which defendant has objected (rmm) (Entered: 09/13/2004)

OBJECTIONS by defendant to plaintiffs' proposed jury instructions (rmm) (Entered: 09/14/2004)

MINUTE ORDER of 9/14/04 by Hon. Nan R. Nolan: For the reasons stated in the attached Memorandum Opinion and Order, Defendant's motion in limine to exclude evidence relating to a noose allegedly found at a plaintiff's home [53-1] is granted; Defendant's motion in limine to exclude plaintiffs' opinion testimony and testimony lacking personal knowledge [54-1] is denied in part and reserved in part; Defendant's motion in limine to exclude evidence of alleged supervisor haras sment [55-1] is denied; Defendant's motion in limine to exclude evidence related to Robert Autman, James Mack, Ronald Worley, and Terry Childress [56-1] is denied; and Defendant's motion in limine to exclude evidence related to persons' ; sexual orientation [57-1] is granted. Plaintiffs', motions in limine to bar from evidence defendant's proposed Exhibit 8, as well as any testimony about its subject matter; that Caterpillar's Annual Financial Statement for 2003 be deemed authenticated; to limit testimony of Dan Sweeney, Tony Cole and Craig Herrick [58-1, 59-1, 60-1] are granted. Entered Memorandum Opinion and Order. Notices mailed by judge's staff (rmm)

minutes - miscellaneous

minutes - miscellaneous

MINUTE ORDER of 9/20/04 by Hon. Nan R. Nolan: Final pretrial conference held. Jury instruction conference set for 9/29/04 at 8:00 a.m. Plaintiff Rickey McNeal to respond to defendant's motion to dismiss claims raised for the first time in plaintiffs' trial brief by 09/22/04. Mailed notice (ntf) (Entered: 09/21/2004)

MOTION by defendant to dismiss claims raised for the first time in plaintiffs' trial brief ; Notice. (gma) (Entered: 09/30/2004)

RESPONSE by plaintiff McNeal to defendant's motion to dismiss claims raised for the first time in plaintiffs' trial brief; Notice (cdy) (Entered: 09/23/2004)

MINUTE ORDER of 9/28/04 by Hon. Nan R. Nolan: (Entered Final Pretrial Order.) No notice (air) (Entered: 09/29/2004)

MINUTE ORDER of 9/29/04 by Hon. Nan R. Nolan: Jury instruction conference held. Defendant's motion to dismiss claims raised for the first time in plaintiffs' trial brief [87-1] is entered and continued. No notice (gma) (Entered: 09/30/2004)

STIPULATION by plaintiff, defendant of dismissal; Notice. (gma) (Entered: 10/01/2004)

MINUTE ORDER of 10/1/04 by Hon. Nan R. Nolan : Defendant's motion to dismiss claims raised for the first time in plaintiffs' trial brief [87-1] is denied as moot given the stipulation of dismissal filed by plaintiff Rickey McNeal and Caterpillar. Mailed notice (rmm) (Entered: 10/05/2004)

OPPOSITION by plaintiffs to defendant's proposal to submit to jury instructions from EEOC Legal Guidance (Attachments) (rmm) (Entered: 10/05/2004)

POSITIONS on certain trial matters not yet resolved by plaintiffs (rmm) (Entered: 10/05/2004)

MINUTE ORDER of 10/4/04 by Hon. Nan R. Nolan : Trial begins - Jury. No notice (rmm) (Entered: 10/05/2004)

minutes - miscellaneous

minutes - miscellaneous

minutes - miscellaneous